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Ijtihad & Taqlid
Author : Dr. Hassan Abu_Arqoub
Date Added : 27-01-2020

Ijtihad & Taqlid

 

 

Ijtihad and Taqlid represent a controversial issue for students of Sharia. This article will provide answers for the following questions: Who is a Mujtahid? What are the requirements of a Mujtahid? What are the levels of Mujtahids? Who is a Muqalid? Whom does a Muqalid follow? Is a Muqalid obligated to follow a particular Madhab? Is a Muqalid allowed to follow other Madhabs?

First: Ijtihad

Definition of Ijtihad:

Ijtihad refers to the effort and critical thinking necessary to arrive at a properly formulated legal conclusion.

Some rulings of Ijtihad:

Ijtihad is considered a religious duty for those qualified to perform it.

Ruling when there is no practitioner of Ijtihad in a certain era:

From mental and religious perspectives, a practitioner of Ijtihad could be lacking in a certain era; be he a Mujtahid Mutlaq "Absolute Mujtahid" or not.

Ruling when Ijtihad is performed on particular aspects of Islamic Jurisprudence:

Practicing Ijtihad on certain aspects of Islamic Jurisprudence is permissible because some Mujtahids are qualified in certain areas of jurisprudence.

Ruling when a Mujtahid delivers the correct ruling or makes a mistake:

When a Mujtahid utilizes his skill of judgment and comes to a right decision, he will have a double reward, but when he uses his judgement and commits a mistake, he will have a single reward.

Ruling on nullifying someone`s Ijtihad:

It isn`t permissible to nullify someone`s Ijtihad unless it contradicts a text from the Quran or Sunna, Ijma` or Qiyas.

Second: Taqlid

Definition of Taqlid:

Taqlid is to follow the opinion of a scholar without knowing the evidence on which it is based.

Some rulings of Taqlid:

It is incumbent on the non-practitioner of Ijtihad, whether he might be an ordinary person or a scholar who didn`t reach the level of Mujtahid Mutlaq, to follow a Mujtahid, because Allah The Almighty Says (What means): "ask the people of knowledge if you don`t know" [An-Nahil/43]. However, it isn`t permissible for the Mujtahid who has met the requirements of Ijtihad to follow the opinion of another scholar.

Ruling on following another Madhab (School of thought):

It isn`t incumbent on the one who hasn`t reached the level of Mujtahid  to follow a particular Madhab; rather, he may seek Fatwa from different Madhabs.

Ruling on following other than the four Madhabs:

Some scholars permitted following, on the individual level, opinions of scholars from other than the four Madhabs, but not for Fatwas and the justice system, provided that the opinions are well authenticated.

Some scholars banned following the opinions of other than the four Madhabs, because they weren`t documented, their conditions and restrictions are unknown and they didn`t reach us through many ensured lines of transmission.

 

هذا المقال يعبر عن رأي كاتبه، ولا يعبر بالضرورة عن رأي دائرة الإفتاء العام

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Summarized Fatawaa

Is it permissible for the guardian, or the father of the child to hit the latter in order to teach him/her good manners?

It is permissible for the guardian to hit his/her child for teaching them good manners once they become ten years old provided that it is done mildly, harmlessly and without intimidation. Actually, such punishment is to be employed gradually i.e. after: asking, warning, and scolding. As for the teacher, he isn`t allowed to hit the student unless the latter`s father approves of it, and it is done according to necessity without intimidation, or harm.

A woman has asked her husband for Khulu`, her gold, deferred portion of the dowry and furniture. Is she entitled to that, knowing that her husband doesn`t want to divorce her?

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon Prophet Mohammad and upon all his family and companions.
Khulu`* can`t takes place save before a judge of Sharia and he has the authority to make the suitable decision in this matter. And Allah The Almighty Knows Best.
* Khulu' is when parties agree to separate by way of consent, usually upon terms such as the wife agreeing to repay her Mahr (dowry) to the husband upon him agreeing to grant Talaq. The iddah period (waiting time after a divorce) of a woman who seeks a khula, is one menstrual cycle or one month if she is post-menopause i.e. ceased menstruating. This is to ensure she is not pregnant. This differs from when a man gives a talaq; the iddah period is three cycles or three months.

Is permissible to buy/sell with non-Muslim?

Yes buying/selling for a Muslim with non-Muslim is permissible as regards what is lawful.

Is it permissible to offer the Eid sacrifice in a non-Muslim country?

Eid sacrifice is permissible anywhere, and Islamic Sharia hasn`t determined that it should be in an Islamic country, but poor Muslims should be given a share in order for it to be valid since it is an act of worship. A portion of that Eid sacrifice should be given at least to one poor Muslim, and if that wasn`t possible then the one offering it should consume it along with his family.